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Thomas v. Sheppard-Brooks

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 5, 2009

JASON LATRELL THOMAS, PLAINTIFF,
v.
D. SHEPPARD-BROOKS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING MOTIONS

(Docs. 43, 44)

Plaintiff Jason Latrell Thomas ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court are Plaintiff's motion requesting the Court to serve Plaintiff's complaint on Defendant Garza filed on May 18, 2009 (Doc. #43) and Plaintiff's motion requesting the Court to order Defendants to answer his complaint filed on May 26, 2009 (Doc. #44).

Plaintiff's motions have been rendered moot. A waiver of service was returned executed from Defendant Garza on July 27, 2009. (Doc. #52.) Defendants have answered Plaintiff's complaint by filing a motion to dismiss on June 17, 2009. (Doc. #48.)

Based on the foregoing, IT IS HEREBY ORDERED that:

1. Plaintiff's May 18, 2009 motion requesting the Court to facilitate service of the complaint on Defendant Garza be DENIED; and

2. Plaintiff's May 26, 2009 motion requesting the Court to order Defendants to answer his complaint be DENIED.

IT IS SO ORDERED.

20091005

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